Interpretação lógico-sistemática do pedido no processo civil: ponderações preliminares

Abstract

The work aims to analyze the extensive interpretation of the request in the Brazilian civil process and reflect on the necessary adequacy between the cognitive activity of the adjudicating body, regarding the assessment of the author’s claim, and the guarantees of due legal process. In practical terms, there is no doubt that the extensive interpretation of the request, in specific cases, can contribute to a constitutionally appropriate jurisdictional response. However, the arbitrary application and without defining clear parameters can lead to serious violations of due process guarantees. The study starts from the following research problem: the application of the extensive interpretation of the request, in judicial practice, can lead to arbitrary merits judgments? Given the proposed research problem, the general objective is to understand, from a normative and dogmatic point of view, the regression of the theme in CPC/15. The specific objectives are intended to analyze how the guarantees of due process and contradictory-influence can contribute to avoid decisionism. The study uses as a theoretical background literature that privileges the protagonism and the guarantees of the parties as the axis of judicial activity. The research methodology employed is qualitative documentary, based on the analysis of judicial decisions on the subject matter of the research.